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D. Grantee responded to a Request for Proposals (RFP # 22-119) from the City, and <br /> the Project was selected for an award of HHAP funds. Consistent with the Pre-Commitment Letter <br /> from the City dated July 18, 2023, City desires to provide financial assistance to Grantee for the <br /> Project by providing a grant to Grantee in an amount not to exceed Two Million Twenty One <br /> Thousand Three Hundred Nineteen Dollars ($2,021,319) on terms and conditions set forth in this <br /> Agreement ("HHAP Grant"). <br /> E. The amount of the HHAP Grant was determined based upon the City's review of <br /> the Grantee's proposal,and the proforma and projected cash flows for the Project submitted by the <br /> Grantee to the City ("Proforma"). The City Project Manager has authority to approve revisions to <br /> the Proforma and projected cash flows for the Project, provided that the HHAP Grant is not <br /> materially increased or extended. <br /> F. Grantee desires to accept the HHAP Grant on the terms and conditions set forth in <br /> this Agreement. Among other things, this Agreement requires an Affordable Housing Regulatory <br /> Agreement with Declaration of Restrictive Covenants and Conditions ("Regulatory Agreement") <br /> must be recorded against the Property and other protections to ensure the affordable housing <br /> requirements of this Agreement. <br /> G. Grantee represents that it has the requisite qualifications,expertise,and experience <br /> to develop, construct and rehabilitate the Project and is willing to use said HHAP Grant for the <br /> Project. <br /> H. This Agreement is contingent upon the award of HIAP grant funds from the State <br /> of California, California Homeless Coordinating and Financing Council in the Business, <br /> Consumer Services and Housing Agency. <br /> I. The Project is in the best interest of the City and the health, safety and welfare of <br /> the residents of the City, and in accordance with the public purposes and provisions of applicable <br /> federal, state and local laws and requirements. <br /> NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein <br /> contained, City and Grantee agree as follows: <br /> 1. DEFINITIONS AND INTERPRETATION <br /> 1.1 Defined Terms. All capitalized terms used herein, including, without limitation, in <br /> the Recitals above and in all other Project Documents, unless otherwise expressly defined, are <br /> defined where first used in this Agreement and/or as set forth in this Article 1. <br /> (a) "Affordable Housing Unit" shall mean the ten (10) affordable units <br /> restricted for occupancy by the Regulatory Agreement as follows: one (1) one-bedroom unit and <br /> seven(7) two-bedroom units shall be restricted for occupancy by Qualified Homeless Youth <br /> who qualify as Extremely Low Income, and two (3) three-bedroom units shall be restricted for <br /> occupancy by Qualified Seniors who qualify as Very Low Income, as further defined in the <br /> Regulatory Agreement. <br />